al-Juzʼ al-awwal. Ibn Rushd min al-fiqh ilá al-falsafah -- al-Juzʼ al-thānī. al-Naẓar al-fiqhī fī falsafat Ibn Rushd.

Islamic scholars, who encountered works on the classification of sciences together with their translation activities, formed their own classification traditions by classifying the sciences from different perspective. These classifications, which position the sciences by considering the connection between reason and revelation, and pointing to the hierarchy and relationship between the sciences, also reflect the understanding of science on which they are based. In this context, we can talk about two different classification traditions put forward by Islamic philosophers on the one (...) hand and Islamic scholars on the other. At this point, Tashkoprīzāda (d. 958/1561), one of the 16th century Ottoman scholars, created an original classification of sciences that influenced the future by benefiting from both traditions. Tashkoprīzāda, who sees the classification of sciences as a branch of science at the same time, has written four valuable books in this field, especially his book called Miftāhu’s-sa‘āda. These works contain rich information about the history of sciences as well as the classification of sciences. He determined the sciences of fiqh and usūl al-fiqh as a sub-branch of shar‘ī sciences and gave both historical and current information about these sciences by focusing on the works of influential scholars. Tashkoprīzāda, who is followed Hanafi sect and saw the Hanafi school as the most virtuous one, handled the fiqh section by putting the Hanafi school in the center. One of the remarkable points is that Tashkoprīzāda completed the part in which he dealt with the historical process of Hanafi fiqh with two great scholars, such as Mewlānā Calāleddīn al-Konewī (v. 672/1273) and Sheikh Badraddin as-Simāwī (v. 823/1420), who stood out with their Sufism. It is also important in terms of showing the mystic environment in which Tashkoprīzāda was influenced and his approach to the relationship between tasawwuf and fiqh. Another point that makes Tashkoprīzāda’s works stand out in terms of the history of sciences is that he mentions famous and acceptable works by referring to the curriculum of his period and surroundings. Thus, Tashkoprīzāda reveals the classification of sciences as a whole with its history, hierarchy and curriculum. (shrink)

The scholars have different theories concerning Islam coming to Nusantara. They believed that the first community to accept Islam was the residents of the coastal areas of Sumatera, Java, Sulawesi, Kalimantan, Maluku, Nusa Tenggara, and Papua. Afterward, Islam was disseminated to rural areas throughout the Nusantara including fiqh (Islamic jurisprudence), one of the fundamental teachings of Islam. This reception was surely through a long process and resistance from the indigenous residents of the Nusantara who already had local religions and (...) beliefs practiced continuously by hereditary generations. Badui in Banten and Kampung Naga, West Java were indigenous residents of the island. This article seeks to discuss the negotiating process of fiqh among Badui and Kampung Naga’s communities from historical and anthropological viewpoints. This article argues that the negotiating of fiqh by the community of Badui is limited to particular cases such as marriage and inheritance. While the community of Kampung Naga receives the majority of fiqh. The negotiating of fiqh in both communities was influenced strongly by their interaction with outside communities and also state power. (shrink)

Jamal Al-Banna, the 20 th century reformist and thinker, in his book _Nahwu al-Fiqh al-Jadid,_ outlines ideas about new Islamic jurisprudence, especially about the collection of _hadith_, which he considers to be fabricated _hadith_ because it contained the sayings or interpretations of the companions, not the sayings of the Prophet. Al-Banna offers an alternative to the hadith and sunnah, in line with the Qur'an, not according to the companions’ narration. This study utilized a qualitative research design, with data collected (...) through library and desk research. The primary source was Al-Banna’s _Nahwu al-Fiqh al-Jadid_, the hadiths and the sunnah, while the secondary material comprised books and critical commentaries of religious scriptures. The study found out that Al-Banna vouches for a new Islamic jurisprudence that believes in the Qur'an but rejects the _tafsir_ (exegesis of the Quran) because, they were a kind of deviation from the Quran. Al-Banna’s new Fiqh paid attention to the sunnah, and rejected many fabricated _hadith_s originating from companions’ words, not the Prophet Muhammad's words. He recommends to initiate a new perspective on the sunnah, using the Qur'an paradigm, not the _hadith_ narrators' paradigm. There are implications of these revelations as _Hadith_ experts criticized Al-Banna’s ideas as they thought his narration of the companions was not justified and that caused much controversy. However, Jamal Al-Banna's new version of Islamic jurisprudence has a vision and mission to advance the ummah based on the criteria of the Qur'an and Sunnah, only the words of the Prophet, both of which must be able to answer current problems and must be able to interact with contemporary dynamics. (shrink)

Due to the current shifting regional paradigms in the Middle East brought on by the series of popular uprisings known as the Arab Spring, this article focuses on the issue of minority rights within modern Islamic theorizing. Evaluating the writings of Islamic intellectuals such as Tariq Ramadan, Abdullah Ahmed An-Na’im and Rashid Al-Ghannushi, the article finds that there are indeed constructs available within modern Islamic theorizing that can help resolve current minority problems within Arab societies, albeit with the addition of (...) human rights discourse on citizenship and multiculturalism. Noting that minority–majority relations are a global problem, as seen through case studies of the United States and Europe, human rights discourse, cultural relativism and religion are explored, concluding that Islamic theorizing is a blend of the three. Turning to usul al fiqh, it is concluded that traditional Islamic approaches to minority rights fail to incorporate anything but religious minorities and those religious minorities are second-class citizens under shariah interpretation. The rise of the Ottoman millet system eventually helped shape the collective identity for minority groups, but it still placed sole emphasis on religious minorities and treated all minorities as unequal subjects under the sultanate. Building on the constructs of modern Islamic theorizing and expanding to include the concepts of multiculturalism and territorial citizenship, this article asserts that for minority–majority struggle to be solved, modernist Islamic theorists must transcend the traditional Islamic minority paradigm and instead promulgate citizenship as a basis for equality in society, applying new ijtihad for a fresh, integrative interpretation of minorities within Islam and the civil state. (shrink)

This paper centers its analysis around the remarkable work of the transdisciplinary commentary al-Minaḥ al-quddūsiyya, written by the Algerian scholar Aḥmad al-ʿAlawī (d. 1934). Although they are incredibly rare in the Islamic textual tradi­tion, transdisciplinary commentaries are commentaries that are written in a discipline different from that of the base texts upon which they build. In the case of the Minaḥ, al-ʿAlawī wrote his text as an entirely Sufi commentary upon Ibn ʿĀshir’s (d. 1040/1631) al-Murshid al-muʿīn, a didactic poem that (...) is often categorized as a work of Mālikī fiqh. Through an examination of the text of the Minaḥ and the biography of its author, this paper aims to uncover why al-ʿAlawī wrote his commentary and what his ideological assumptions were that allowed him to approach Ibn ʿĀshir’s Murshid in such a novel manner. (shrink)

Faults; religious aspects; Islam; Islamic daʻwah.

Islam; customs and practices; Islamic ethics; Islamic law.

Islamic education; Islam and politics; Morocco; Ibn al-ʻArabī; Muḥammad ibn Tūmart; comparative study.

In a seminal modern work of uṣūl al-fiqh, al-Ākhund al-Khurāsānī argues that the two terms ṭalab and irāda are coined to refer to a single concept. Within the argument he implies that the Ashʿarīs, and some modern Twelver Shīʿa who lean towards their position, fall foul of a linguistic fallacy when they assert that ṭalab and irāda are distinct. For al-Khurāsānī, both ṭalab and irāda may be used in two distinct modes, a real mode or an initiating mode. The (...) former denotes a real seeking or willing within the essence of an actor, whereas the latter simply seeks to initiate the meaning of seeking or willing. Accordingly, an initiating ṭalab may be distinct from a real irāda, and a real ṭalab may be distinct from an initiating irāda, without undermining the position that ṭalab and irāda are conceptually identical. Analysis of al-Khurāsānī’s arguments, and some criticisms of it by later modern and contemporary scholars of uṣūl al-fiqh, will aim to broaden our understanding of the category of inshāʾ in Arabic, hitherto analysed through the lens of J. L. Austin’s notion of performatives. More generally, the paper takes the treatment of this linguistic issue as an example affirming the continued importance of modern and contemporary uṣūl al-fiqh for engaging with Arabic philosophy of language and argument. (shrink)

This article examines the influence of the Hanafī philosophy of the Mamlūk period on the early Ottoman fiqh studies. Since the Egyptian and Damascus regions, which were under the rule of the Mamlūks, became the most important centres of knowledge in the Islamic world, it is understood that the Mamlūks’ scientific knowledge was superior to the Ottomans. On this occasion, many scholars who were considered the leading figures of the Ottoman scientific community turned to Egypt and Damascus regions and (...) benefited from the scientific accumulation there. In fact, these scholars who played an active role in the formation of the Ottoman scientific environment completed their education in Damascus and Egypt under the rule of the Mamlūks and graduated from the Mamlūk education system and assumed important roles in the formation of the Ottoman science understanding. During this period, the Hanafī judges (fuqahāʾ), who were active in the Mamlūk community, contributed to the development of the leading names of the Ottoman scientific community and this thought had an impact on their understanding of science. In this context, it is possible to say that the fiqh studies of the Ottomans in the first period were influenced by the Mamlūk Hanafī who had their characteristics. The two main characteristics of Hanafī thought in the Mamlūk period, the hadīth-centred juristic (fiqh) idea and the method of mamzûc (mixed) fiqh style are also seen in Ottoman fiqh works.Summary: In this article, the effect of Hanafī fiqh thought on the early Ottoman fiqh studies in Mamlūk period is discussed. While the Ottomans did not yet establish a scientific tradition in the period of foundation and ascension, many Mamlūk cities replaced Baghdad as the centre of knowledge of the Islamic world. Because the Mongol invasion, the crusades and the destruction of Andalusia due to reasons such as many scholars displaced by the Mamlūks settled there. Especially during this period, Egypt and Damascus, which were under the rule of the Mamlūks, became the most important centres of science in the Islamic world. In this respect, 14th-16th It is accepted that the science level of the Mamlūks was quite superior to the Ottomans in the 16th century. On this occasion, many scholars who are considered as the leading names of the Ottoman scientific community turned to Egypt and Damascus regions and benefited from the scientific accumulation there. Osman Ghāzī’s teacher and father-in-law, Sheikh Edebālī, Davud-i Kayserī, Sheikh Bedreddin, Molla Fanārī, Molla Gürānī are some of these scholars. In addition to these, scholars such as Muhsin-i Kayserī, Germiyanlı Poet Ahmedī, Hacı Paşa, Celāleddin Hızır, İbnü’l-Cezerī and İbn Arabşāh have also studied science in Egypt and Damascus. These scholars, who played an active role in the formation of the Ottoman scientific environment, completed their education in Damascus and Egypt under the rule of the Mamlūk and after graduating from the Mamlūk education system, they played an important role in the formation of the Ottoman science understanding. Sheikh Edebālī was accepted as one of the scientific and spiritual leaders of the Ottoman Empire. Davud-ı Kayserī was the first chief professor of İznik madrasah, the first Ottoman madrasah. Molla Fanārī had the privilege of being the first Ottoman shaykh al-Islām. Molla Gürānī became the teacher of Fatih Sultan Mehmed. During this period, the Hanafi faculties, which were active in the Mamlūk science community, contributed to the growth of the leading names in the Ottoman science community. Molla Fanārī, Seyyid Şerif Cürcānī, Shaykh Bedreddin and Poet Ahmadī have learned lessons from Bābertī, who important Hanafī scholars in Egypt. The idea of Hanafī fiqh in the Mamlūk period influenced the studies of the Ottoman fiqh in the first period. In this context, Molla Khüsrev refers to Zeyla‛ī and Bābertī, the leading Hanafī scholars of Mamlūk in many parts of his work, although he did not go to the regions dominated by the Mamlūks. The two main characteristics of the Hanafī thought in the Mamlūk period were the hadith-centred fiqh thought and mamzûc (mixed) method of fiqh. In the Mamlūk period, hadith studies which were not seen before in Hanafī sect were done. During this period, Hanafī jurists spent time in the field of hadith such as Ibn Balabān, Ibn Turkmānī, Zeylaʻī, Kuraşī, Mogoltay b. Kılıç, Bedruddīn Aynī, Ibn Kutluboğa, Serūcī, Bābertī, İbnü’l-Humām, İbnü’l-‛Adīm. They tried to eliminate the lack of studies in the field of hadith in the Hanafī circles while their studies certainly require hadith expertise. As a result of the works of these jurists in the field of hadith, the basic sources were frequently included in the fiqh studies in the Mamlūk period and, the hadiths were started to be made. The influence of this understanding, which had an important place in the thought of the fiqh of Hanafī during the Mamlūk period, can be seen in the Ottoman fiqh works in the first period. In this context, Molla Khüsrev, in his work with the influence of the early Ottoman jurists who had been educated in Egypt before him, gave some basic sources of hadith and sometimes gave information about the reliability of hadiths. On the other hand, it is possible to say that this issue is quite insufficient in Ottoman fiqh works when compared with Hanafi jurists of the Mamlūks. A comparison of Ibnü’l-Humām’s Fethü’l-kadīr and Netāicu’l-efkār, which was performed by Kādızāde order to complete it, can be compared. Apart from that, there are different attitudes between Şürünbülālī and Şeykhi-zāde known as Damad Efendi, they lived in the same period. Şürünbülālī, one of the Egyptian scholars of the Ottoman period generally gave the hadiths from the basic hadith sources in his work Merāki’l-felāh, while Şeyhīzāde did not obey this issue and rarely included basic hadith sources in his work Mecma‛ü’l-enhur. These differences can be explained by the necessity of the scientific environment. Because the Hanafīs were accused of not using hadith in Egypt and its environs, the Hanafī jurists living in this region should have directed them to be more rigorous about the hadith. However, since the Hanafī jurists living in other Ottoman regions did not have such a problem, they probably did not feel the need to refer to the main sources of hadith in the power of hadiths. Therefore, it can be said that the scientific environment and the need arising in this direction lead to different attitudes of the jurists living in the same period. The mamzûc (mixed) method starting with Ibnu’s-Sāātī, In the 8th-century, it was especially effective on the idea of ​​the fiqh style of Hanafī jurists. Although the first name of the mamzûc (mixed) method, Ibnu’s-Sāātī, was not one of the scholars of the Mamlūk period, the influence he initiated was more common in the Mamlūk period and became one of the characteristic features of the Hanafī fiqh thought in this period. Therefore, it is understood that the majority of Hanafī jurists had a gratified method. In addition to this, it is seen that Ottoman jurists who were educated in and around Egypt write procedural works in grammatical style. Molla Fanārī's work Fusūlü’l-Bedāyi is the most important example of this genre. Moreover, even Molla Khüsrev, who had not gone to Egypt and his surroundings, wrote a memoir-like work called Mir’ātü’l-Usûl. The works of these two authors show that the Ottoman jurists were influenced by the Mamlūks. As a result, it is possible to say that the fiqh studies in the early period of the Ottomans were influenced by the Mamlūk Hanafīs who had their characteristics. The hadith-centred fiqh thought and mamzûc (mixed) fiqh style understanding had an impact on the early Ottoman fiqh studies. (shrink)

The work named Fusûlü'l-İmadî, which belongs to Ebü'l-Feth Zeynüddîn el-İmadî, the grandson of Burhaneddin el-Mergînânî, the owner of the famous Hidaye, which includes the subjects of Fürû-i Fiqh and the law of trial, has been one of the main works that has been applied by influencing many mufti, kadi and jurists, especially the Ottoman sheikhs. The work is also important in terms of being a source for many fatawa and fürû-i fiqh works. The fact that the work written (...) in the Fergana region is one of the main sources referenced both in the Ottoman geography and in other Muslim geographies also shows that the work is valuable. In this study, by pointing out the importance and value of the work, it was tried to determine the contribution of the work to the Ottoman period fetâvâ mecmuas and Hanafi fiqh literature. In the study, the life of Ebü'l-Feth Zeynüddîn el-İmadî was mentioned, and his work Fusûlü'l-İmadî was examined in detail. The contribution of the Ottoman Fetvâhâne, which uses Fusûlü'l-İmadî as a source, to some of the fetâva works, which are accepted as one of the most respected fetâva journals, is discussed and some quotations from the work are included with their examples. In addition, the contribution of the work to the Hanafi fiqh literature was examined on the basis of some fürû-i fiqh works of the Ottoman period and the work called Mir'ât-ı Mecelle. Thus, by pointing out the importance of Fusûlü'l-İmadî and his contribution to the literature of fiqh and fatwa, this work was drawn attention to new studies. (shrink)

al-juzʼ 1. Uṣūl al-Naẓar al-iʼtimānī -- al-juzʼ 2. al-Taḥadīyāt ak-akhlāqīyah li-thawrat al-iʻlām wa-al-ittiṣāl.

Women are more visible in economic and public life than before. This visibility has led to a change in the social perspective towards women in recent centuries. Some provisions regarding women, which are generally accepted in classical fiqh teachings, have started to be discussed again. It has also started to be seen that the existence of different perspectives has emerged within these discussions. The issue of the amount of the victim's diya, which is included in the field of Islamic (...) criminal law, is one of the issues that has been discussed on a different ground recently in this context. The view that the diya penalty of a woman is half of that of a man has been generally accepted and practiced since the early periods of Islam. However, the issue, which has come to the agenda again with the conferences and articles written recently, has formed the basis of heated disputes. Considering the importance of the legal aspect of the subject, it is aimed to deal with the issue in detail in this study. Then, the evidences of the critical view that "the diya of a woman is the same as that of a man" will be explained. Finally, the points of disagreement on the subject will be determined, and a result will be tried to be reached by considering the opinions and evidences mentioned in the general framework. (shrink)

This paper introduces views both hostile to and supportive of the ideas of secularism and religious neutrality in the jurisprudence of Muslim minorities (fiqh al-aqalliyyat).

This article surveys four approaches to moral obligation to non-Muslims found in Islamic legal thought. The first three approaches I refer to in this article as the "revelatory-deontological," the "contractualist-constructivist" and the "consequentialist-utilitarian." The main argument of this article is that present in many of the contemporary works on the "jurisprudence of Muslim minorities" (fiqh al-aqalliyyat) is an attempt to provide an Islamic foundation for a relatively thick and rich relationship of moral obligation and solidarity with non-Muslims. This attempt (...) takes the form of a fourth "comprehensive-qualitative" approach to political ethics in that it appeals not to juridical reasoning of the type "is x permissible and in which conditions?" but rather to Islamic ideals of what it means to live a good life, of what believing, normatively-committed Muslims want to pursue in this world, not only what they may pursue without fear of punishment. This meta-ethical approach builds on and goes beyond the first three. The force of this argument is that this fourth "comprehensive-qualitative" approach to moral obligation to non-Muslims is novel, emergent and not found not in the writings of outright reformers but in those of conservative, "neo-classical," shari'a-minded - even Muslim Brotherhood-affiliated - Islamic scholars. What also adds to the force of this argument is that the other meta-ethical discourses, particularly of contract and utility (maslaha), already get these scholars quite far towards a doctrine of "loyal resident alienage" in non-Muslim societies. That even orthodox Islamic scholars go further shows that they have some interest in giving a theological or principled foundation to a much thicker and richer form of moral obligation to non-Muslims, a relationship which involves recognizing non-Muslims qua non-Muslims and contributing to their well-being. (shrink)

The lack of water, which has arisen due to reasons such as climate change, excessive and misuse, has become a global problem. The reuse of wastewater is considered as an important solution to overcome this problem. With the technology developed for this purpose, wastewater is treated and used in many fields, especially in irrigation of agricultural products and parks and fire extinguishing. There is no information directly related to the methods of treating polluted water in the religious texts. In the (...) past, when today's technological possibilities were not available, fuqaha determined some treatment techniques, but these are about waters exposed to najāsat (filthy things), not about wastewater that contains a large amount of najis elements. As a matter of fact, it seems impossible to clean wastewater with these methods. With the systems developed today, wastewater can be treated at different levels according to their usage areas. Accordingly, the analysis information regarding the output at each treatment level should be evaluated separately when determining the fiqh provision of treated wastewater. In this study, it is aimed to examine the purification methods discussed in fiqh books together with the relevant texts and to determine the criteria taken as basis in purification and to try to determine the fiqh provision regarding the treated wastewater outputs within these criteria. (shrink)

This study includes an analytical study of the term "Qiyās al-Adna” among the Scholars of Uṣūl al-Fiqh. It is known that the Qiyās is divided into the following types: an analogy of higher order (Qiyās al-Awla), an analogy of an equivalent order (Qiyās al-Musawi), an analogy of a lower order (Qiyās al-Adna). However, Qiyās al-Adna raised issues and objections among some scholars, in past and present; hence, there is an urgent need to present a comprehensive study that shows the (...) meaning of Qiyās al-Adna for those who advocate it, discusses the objections and issues that have been raised about it, and clarifies its connection to other Qiyās types. Moreover, the study will concern the applied side of Qiyās al-Adna by explaining how jurists used it. The researcher used the analytical method and referred to the most important, ancient and modern Uṣūl al-Fiqh sources and references. The study concluded with results, the most prominent of which is that the Qiyās al-Adna has two meaning: the first is that in which the original case is more deserving of legal ruling than the new or parallel case, so the new case is considered as a lower order, and the second is that the effective cause in the new case is weaker than in the original case. Among the results of the study is that the objections directed to the Qiyās al-Adna are weak, and that it is not limited to the presumptive Qiyās on the most correct opinion, also, that the jurists used the term Qiyās al-Adna in the second meaning, which says that the lower order is in its effective cause, not the legal ruling. (shrink)

: The medieval Karaite grammarian and exegete Abū l-Faraj Hārūn b. al-Faraj was a broad reader of the literature available in Arabic, in a variety of genres. Earlier studies have demonstrated that in his grammatical works on the Hebrew language, Hārūn adapted discussions from well-known compositions focused on Arabic and the Qurʾān. The following examination of Hārūn’s treatment of the subject of biblical majāz, non-literal language, aims to show that in constructing his sophisticated and innovative discussion of the topic, the (...) Karaite scholar read widely – and adapted creatively – incorporating the methods of a variety of genres in Arabic, including uṣūl al-naḥw, uṣūl al-fiqh and even iʿjāz al-Qurʾān and combining them together with earlier Jewish and Karaite scholarly tradition to produce what seems to be the first comprehensive discussion of non-literal language in Judeo-Arabic. (shrink)

Throughout the history of Islam, mosques and masjids have been in a position where Muslims both perform their prayers and perform their scientific activities. In this sense, in the history of Islamic culture, Muslims mostly learned and taught sciences such as the Qur'an, tafsir, hadith and fiqh in these places until the spread of madrasahs. Especially the al-Masjid al-Nabawi, which the Muslims built here with their migration from Mecca to Medina, has become a full center of science. People called (...) Companions of Suffa have a great share in this situation. Because they used this place both as a housing and a school. This function of al-Masjid al-Nabawi affected the mosques of cities such as Kufa. With the foundation of Kufa in 17/638, mosques were built in the center and in the quarters of the city. The Companions who came here for different reasons conveyed their knowledge to the public in these mosques. Thus, in the first period the masjids in Kufa became the centers where the Companions conveyed their knowledge of Islamic sciences. Over time, various scientific circles were established in these mosques, and scholars transferred their knowledge of tafser, hadith and fiqh to the next generations. Especially many important jurists were trained in these places. Some of them are ’Alqamah b. Qays, Masruq b. Abdurrahman, Aswad b. Yazīd, Ibrāhīm al-Naḥa’ī, Ḥammād b. Abū Suleimān, Abū Ḥanīfah, Sufyan al-Thawri, Abū Yūsuf and Imam Muhammad. That these important jurists mostly acquired their knowledge of fiqh in the mosques in Kūfa and that some of them had important effects on the formation of the Hanafi sect made important the quantity and quality of the fiqh education in these places. As a result, it has been seen that the masjids in Kūfa have an important role in the raising of many jurists and the function of these places in this regard has been studied. Thus, this study aims to reveal the function of mosques and masjids in the historical process, albeit limited. (shrink)

In the formation of the acquis of the science of fiqh, many scientific figures have been associated with the methods of the Imams of the sect and their views, which are passed on to the next generations. In the history of the Ḥanafī mad̲h̲hab, there are many scholars whose works, views or just their names have survived. The views of the scholars who are at the forefront of this work can be accessed through their works. The opinions of some (...) scholars who did not have works, or whose works have not survived, can be found in the jurisprudential corpus of other scholars. Unfortunately, there are many scholars whose works and opinions have not survived, and only their names are mentioned. This study focuses on the Ḥanafī jurist al-Baqqālī (d. 452/1060), whose scholarly personality, position in jurisprudence and works have not survived to the present day, although his name is mentioned in fiqh literature. The article analyses various sources and evidence for the identification of al-Baqqālī. The main argument of the article was clarified by examining fiqh books, which are among the authoritative sources of the Ḥanafī fiqh corpus, rather than works of ṭabaḳat, and by scanning digital resources. The determination and presentation of the scholarly personality of al-Baqqālī and his jurisprudential views are the distinctive feature of this article. Baqqālī was recognised as an influential jurist within the Ḥanafī fiqh tradition and was considered one of the mashāʼịḵẖ (eminent jurists). However, detailed information about him could not be found. However, considering the available evidence, it is proven that al-Baqqālī, who stands out with the attribution of al-Baqqālī, is not al-Baqqālī whose views are consulted in the Ḥanafī mad̲h̲hab and among the possibilities that arise, the views that predominate in the identification of al-Baqqālī's identity are given. For this reason, it is emphasised that Baqqālī is a figure that requires further research and study. It is emphasised that this article can contribute to the understanding of the Ḥanafī fiqh tradition. Baqqālī's jurisprudential views on some matters of worship and transaction reflect important debates. Although al-Baqqālī adhered to the basic principles of the Ḥanafī mad̲h̲hab, he occasionally developed original ijtihād against the general views of the imams or the mad̲h̲hab. Baqqālī's original jurisprudence and jurisprudential views occupy an important place in the sect's literature. He was particularly influential in matters of fatwa and left his views to later jurists. Such a study aims to solve a scholarly problem in the fields of the history of science and the history of fiqh. Clarifying the identities and specialisms of those involved can help to ensure historical and scientific clarity. The purpose of this article is to contribute to the accumulation of historical and scientific knowledge by seeking to learn more about this issue and to reduce uncertainties. (shrink)

The early period Ismaili jurist Al-Qādî al-Nu'mān appears as an important figure in the formation of Ismaili jurisprudence. There is very little information about Kadı Nu'mân's family, childhood, education and intellectual environment. His full name is Abû Hanîfah Nu'man b. Muhammad b. Mansûr al-Qādî at-Tamîmî Al Qayrawānî. He was born around 290/903 (late 3rd (9th) century) into an educated family in Qayravan in North Africa. There are different opinions about the sect he belonged to when he was growing up. On (...) the other hand, it is difficult to say for certain whether Nu’mān received education in the Ismaili sect due to the understanding of taqiyya in the madhhab. However, it is understood from the basic jurisprudence texts Nu’mān wrote that he most likely did not receive a Sunni education. Historians refer to him as 'Qadi Nu’mān or Abu Hanifah al-Shi'i' in order not to confuse him with the imam of the Hanafi school. Qādî Nu’mān served at different levels of the Fatimid State. Around 313/925, he entered the service of the first Fatimid caliph, Mahdi (r. 909-934 CE/297-322 AH), as a copyist and secretary. During the reigns of the third caliph Mansur and the fourth Fatimid caliph Mu’izz (d. 365/975), Qādî Nu’mān first served as a judge in Tripoli and then in Mansouriya, the Fatimid capital. After the Fatimids conquered Egypt and the center of government was moved to Cairo, Qādî Nu’mān was appointed by the fourth caliph Mu’izz as the head of the appellate courts (maẓālim). Qadi Numans career was at the peak in the period of Caliph Muiz. Qādî Nu’mān worked as a judge in the Fatimid State for about twenty-six years and continued this duty until his death in 363 (973). After the fall of the Fatimid caliphate, there haven’t been any other Fatimid or Ismaili jurists. Qādî Nu’mān is considered by contemporary Ismaili writers as a figure who systematically transformed Ismaili fiqh into an independent sect of fiqh. It can be said that Ismaili fiqh was developed through his works in the Fatimid period. His works continued as the main references in the fiqh studies and after the Fatimid period. With the death of Qādî Nu’mān, the period of ijtihad in Ismaili fiqh and its the establishment phase of Ismaili fiqh came to an end; The sect, in which esoteric interpretations were at the forefront, emerged as a distinctive school of fiqh by discarding ambiguity. Qādî Nu’mān was a very productive writer. He wrote important works related to the field of furu al-fiqh and usûl al-fiqh. Among his works, Ikhtilāf uṣūl al-madhāhib is undoubtedly one of the most important works in the early history of fiqh methodology. The work in question, which was originally written with the aim of rejecting the Sunni fiqh method, discusses the approaches of the Sunni schools of fiqh on ikhtilāf, taqlid, ijma, nazar, qiyas, istihsan, ijtihad and ra’y in a polemical manner. It reveals the differences of the Ismaili method from the Sunni method in terms of the sources on which the fiqh is based, the authority to make ijtihad and the theory of interpretation of the texts. Qādî Nu’mān examined the relationship between reason and revelation in general and the role of religious authority in comprehending and interpreting the texts while criticizing Sunni methods. Ikhtilāf uṣūl al-madhāhib has the characteristics of the works of development period as a form. It is possible to observe the question-answer and dialectic form which can be seen in the works of the development period throughout the work in question. Qādî Nu’mān endeavoured to persuade his opponents with a dialectical and argumentative style. Again, he replied to the Sunnis, who were his interlocutors, with their own proofs. In addition to these, Ikhtilāf uṣūl al-madhāhib has a unique feature in the matter of content. Because it is not very familiar to any Sunni handbook of usûl al-fiqh. It does not mention the hâss, âmm, ijma, qiyas, amir, nahy, alfaz bets, etc. The text is very similar to the Ahbari movement of the Jafari sect for it rejects all forms of ijtihad. It was written at a time when fiqh was not yet stable. Ikhtilāf uṣūl al-madhāhib gives us crucial information about the development of different usûl and fiqh sources in the middle of the fourth century. However, what is interesting here is that the information he gives about Ismaili method and fiqh is very little compared to the one about Sunni method and fiqh. Much of it centered on Sunni thought and its rejection. However, his ultimate goal was to defend the Ismaili doctrine. (shrink)